Welcome to Novel, Inc.s ("Novel", "We", "Our") massively multi-player online game "Empire & State", ("MMO") and all associated Novel, Inc. services provided at or through www.novelincorporated.com or www.empireandstate.com (collectively, "Empire & State"). Subscribers, customers, users, and others who download, access, use, purchase, play and/or subscribe (collectively, "use" or "using") to Empire & State ("You", "Your", "Users") do so under this Terms of Use Agreement (Terms of Use).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING EMPIRE & STATE, YOU ARE EXPLICITLY ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE AND AGREEING TO BE BOUND BY THE TERMS OF USE. NOVEL, INC. RESERVES THE RIGHT, IN OUR SOLE DISCRETION TO MODIFY, ADD OR REMOVE PORTIONS OF THE TERMS OF USE AT ANY TIME ("CHANGES"). IT IS YOUR RESPONSIBILITY TO CHECK THE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF EMPIRE & STATE WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE NOW OR IF AT ANY TIME THE TERMS OF USE ARE NO LONGER ACCEPTABLE TO YOU, YOU MUST NOT USE EMPIRE & STATE. THE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND NOVEL, INC.
This Terms of Use Agreement is solely between You and Novel, Inc., and does not include any of Novel, Inc.s licensors. Novel,Inc. and not Novel, Inc.s licensors are solely responsible for Empire & State and related content.
The Terms of Use incorporate by reference Novel, Inc.s Privacy Policy located on www.EmpireandState.com. Please read the terms of these documents carefully as You agree to them when You agree to the Terms of Use. As long as You comply with the Terms of Use, Novel, Inc. grants You a personal, non-exclusive, non-transferable, limited privilege to use Empire & State. Subject to the Terms of Use, You may become an Empire & State account holder, play the MMO, invite others to play the MMO and submit information and other content and data as permitted by the functionality of the MMO (User Submissions). Support and maintenance of Empire & State is provided by Novel, Inc.
EMPIRE & STATE IS ONLY AVAILABLE FOR USERS AGED 13 YEARS OR OLDER.
IF YOU ARE UNDER THE AGE OF 13, YOU MUST NOT USE EMPIRE & STATE. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR LEGAL GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND AND AGREE THE TERMS OF USE AND YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THE TERMS OF USE ON YOUR BEHALF THROUGH THE EMPIRE & STATE ACCOUNT REGISTRATION PROCESS.
IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A CHILD 13 YEARS OR OLDER WHO WISHES TO USE EMPIRE & STATE, YOU MUST AGREE TO AND ACCEPT THE TERMS OF USE AND FULL RESPONSIBILITY FOR YOUR CHILD'S USE OF EMPIRE & STATE, INCLUDING ALL FINANCIAL CHARGES AND ANY LEGAL LIABILITY THAT MAY RESULT.
You agree NOT to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the MMO; (b) modify or attempt to modify or in any way tamper with the MMO, including without limitation modifying or automating the MMO characters and changing, blocking or in any way disrupting any User; © block any advertising in connection with Empire & State; (d) copy or clone the MMO; (e) use profanity in any communications with other Users; (f) stalk, harass or threaten other Users; (g) physically or emotionally harm other Users; (h) commit any illegal action through use of the MMO; (i) sell items or MMO content for valid currency; (j) share and allow others to use Your account; and (k) maintain more than one free account. You are responsible for maintaining the security of your account login and password and for all activity that occurs on your account.
You acknowledge and agree that Novel, Inc. has offered Empire & State and entered into the Terms of Use with You in reliance upon these disclaimers and the limitations of liability set forth below. You further acknowledge and agree that the disclaimers and the limitations of liability set forth in the Terms of Use reflect a reasonable and fair allocation of risk between You and Novel, Inc. and that the disclaimers and limitations of liability set forth in this agreement form an essential basis of the bargain between You and Novel, Inc. Novel, Inc. would not provide Empire & State to You without these disclaimers and limitations on liability.
YOU AGREE THAT YOUR USE OF EMPIRE & STATE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. EMPIRE & STATE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND.
NOVEL, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO EMPIRE & STATE AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION.
IF YOU PURCHASED THE MMO, YOUR SOLE REMEDY IS TO REQUEST A REFUND FROM NOVEL, INC. AND NOVEL, INC WILL REFUND THE PURCHASE PRICE FOR EMPIRE & STATE TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVEL, INC. WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO EMPIRE & STATE AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF EMPIRE & STATE.
YOU ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO YOUR USE OF EMPIRE & STATE OR DOWNLOAD OF THE MMO. IN NO EVENT WILL NOVEL, INC. BE RESPONSIBLE FOR ANY SUCH SERVICING, REPAIRS OR CORRECTIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF EMPIRE & STATE AT YOUR OWN DISCRETION AND RISK.
NOVEL, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF EMPIRE & STATE; (B) ANY PRODUCTS OR SERVICES LISTED ON OR PURCHASED THROUGH EMPIRE & STATE; © ANY ACTS, OMISSIONS AND CONDUCT OF ANY USERS, ADVERTISERS AND/OR OTHER PARTIES ON OR THROUGH EMPIRE & STATE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF EMPIRE & STATE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM EMPIRE & STATE; (F) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO USE OF EMPIRE & STATE; (G) ANY ILLEGAL ACTIVITY IN CONNECTION WITH EMPIRE & STATE; AND (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH EMPIRE & STATE.
NOVEL, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH EMPIRE & STATE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISEMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVEL, INC. EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE OF EMPIRE & STATE OR THE DEVICES ON WHICH IT IS LOADED, CLAIMS THAT ARE DUE TO NORMAL WEAR, EMPIRE & STATE OR DEVICE MISUSE, ABUSE, MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION, AND NOVEL, INC. MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
NOVEL, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS OR INTERACTIONS BETWEEN YOU AND OTHER USERS OR THIRD-PARTIES. AS WITH USE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL NOVEL, INC. BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR PERSONAL INFORMATION; © YOUR INABILITY TO USE EMPIRE & STATE; (D) EMPIRE & STATE GENERALLY; (E) THE SOFTWARE OR SYSTEMS THAT MAKE EMPIRE & STATE AVAILABLE; (F) YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR ACCOUNT LOGIN AND PASSWORD INFORMATION; OR (F) ANY OTHER INTERACTIONS WITH EMPIRE & STATE, USERS OF EMPIRE & STATE, OR THIRD PARTIES IN CONNECTION WITH EMPIRE & STATE. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF EMPIRE & STATE OR A NOVEL, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE AGREEMENT WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS OF USE AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL NOVEL, INC.S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT PAID BY THE USERS TO USE EMPIRE & STATE OR $50. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE, EMPIRE & STATE, WILL BE FOR YOU TO DISCONTINUE USE OF EMPIRE & STATE.
You agree to indemnify, defend at Novel, Inc.s request, and hold harmless Novel, INC., its affiliates, officers, directors, employees and agents (the Indemnified Parties) from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, expenses and any other liabilities (including attorney's fees, litigation expenses and settlement amounts) arising from or related to (a) Your use or misuse related to Empire & State specifically or generally; (b) any violation of the rights of, or injury to, any other person or entity either directly or indirectly caused by You; © any breach or violation by You of the Terms of Use; (d) Your use of Empire & State to meet another User in-person; (e) Your use of Empire & State to attend any offline event; (f) Your use of, or inability to use, Empire & State; (g) any of Your User Submissions, Your infringement, misappropriation or violation of any copyright, trademark, or privacy or publicity right or other third party right; (h) any acts or omissions by You as a User of the MMO or as the organizer of an MMO group created by You and made up of other MMO Users; (i) any product listed or sold by You in connection with Empire & State, including any personal injury, death or property damages caused by any product, or any other product liability, defect, or other claim that any product caused damage to a third party; (j) Your violation of any law, rule or regulation, whether local, state, federal or international; (k) any other partys access and use of Empire & State or the MMO with Your unique username, password or other appropriate security code; or (l) any negligence or willful misconduct by You. You agree not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.
All of the content on Empire & State including, without limitation text, graphics, maps, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, look and feel and arrangement of such content (Content), is owned by Novel, Inc., its licensors, vendors, agents or content providers. All elements of Empire & State including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes. Empire & State may only be used for the intended purpose for which Empire & State is being made available. Except as may be expressly set forth herein, You hereby agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly set forth herein, the Terms of Use only allow You to display, view, play, print, and download Content for Your own personal, informational, and noncommercial purposes. Empire & State and the Content will remain the exclusive property of Novel, Inc. or its licensors, vendors, agents or content providers unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on Empire & State.
Modification of the Content or use of the Content for any purpose other than specified in the Terms of Use is a violation of Novel, Inc.'s legal rights. For purposes of these Terms of Use, the use of Content on any other website or networked computer environment is prohibited unless explicitly stated otherwise.
You hereby acknowledge and agree that Novel, Inc. does not guarantee any confidentiality or anonymity with respect to any User Submissions. You will be solely responsible for your own User Submissions. You represent and warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize Novel, Inc. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by Empire & State and the Terms of Use.
You retain all of Your ownership rights in Your User Submissions. However, by submitting User Submissions to Empire & State, You grant Novel, Inc. a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Submissions in connection with Novel, Inc. (and its successors' and affiliates') businesses, including for promoting and marketing Empire & State, the MMO (and derivative works thereof) in any media formats and through any media channels now known or hereinafter invented. Such license may also be exercised on behalf of Novel, Inc. by third parties acting on Novel, Inc.s behalf (e.g. technology partners, service providers and independent contractors). You also grant each other User a non-exclusive license to access Your User Submissions through Empire & State, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of Empire & State and under these Terms of Use. Novel, Inc. reserves the right to remove or decline to post any User Submissions at any time, for any reason (or for no reason), without notice and at its sole discretion, including if it determines that the User Submissions are inappropriate or fail to comply with the Terms of Use. NOVEL, INC. HAS NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER USER THIRD PARTY OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF ANY SCREENING OR REMOVAL ACTIVITIES. Novel, Inc. is not responsible for the back-up of any of User Submissions or any lost data resulting from the use, operation or discontinuation of any aspect of Empire & State. You are solely responsible for maintaining back-ups of Your User Submissions and any information generated or stored through the use of Empire & State.
Novel, Inc. is not responsible for any User Submission posted in connection with Empire & State. You agree not to: publish, post, distribute, or otherwise disseminate any User Submission that is libelous, defamatory, that invades privacy, or is obscene, pornographic, abusive, harassing, or otherwise unlawful or objectionable or which infringes on any intellectual property or other rights of any entity or person; threaten, harass, stalk, abuse others, or otherwise cause distress or unwanted attention to any person; engage in any unlawful purpose, or use Empire & State in a manner that is contrary to any law or regulation; promote or encourage any illegal activity; transmit advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of Empire & State; impersonate another User, use another Users login, or violate the Terms of Use or the Empire & State's posted Rules of Engagement.
Users who have completed the Empire & State Insider Signup and been accepted by Novel, Inc. (Insiders) are required to agree to the following additional terms and conditions that govern all communications between the Insider and Novel, Inc. and the ownership of any such communications as consideration for the privilege of being a Empire & State Insider: You hereby acknowledge and agree that any notes, e-mails, online messages, bulletin board or chatroom postings, ideas, suggestions, concepts, designs, or other material (Material) You submit to any physical Novel, Inc. company address, to any website owned or controlled by Novel, Inc., including but not limited to www.novelincorporated.comand, or www.empireandstate.com, or to any e-mail addresses contained in or on those web sites (each a Novel, Inc. Location) and that You submit in your capacity as an Insider, in Novel, Inc.s sole discretion, shall be the property of Novel, Inc..
When You submit any Material to a Novel, Inc. Location, You acknowledge and agree that You are assigning all intellectual property rights in that Material to Novel, Inc. and that the intellectual property rights to such Material will no longer belong to You. Upon Your assignment of Material to Novel, Inc., Novel, Inc. has the right to use the Material for as long as it wants, in anyway it chooses, including for commercial, promotional, and advertising purposes without any obligation (including any financial obligation) to You now or at any time in the future. You waive and relinquish any rights, including "moral rights," that may exist in the Material to the furthest extent permissible by law and agree not to assert any rights over the Material.
You agree to treat any communication or information you receive from Novel, Inc. or Empire & State that is directed to Insiders as confidential (Confidential Information) and refrain from sharing it with any third parties, including other Users and Novel, Inc. competitors but not including other Insiders. Such Confidential Information may include without limitation, previews of designs or models for the MMO, software, source code and marketing information.
"Confidential Information" means the terms of this Agreement and any information or data that you have received or will receive from Novel in connection with this Agreement concerning the Software, and other matters that are proprietary and are confidential information to that party, including without limitation the unprotected Master Files, and the Alpha Program (including all download versions). You agree that you shall maintain the Confidential Information in strict confidence and shall not disclose the Confidential Information to any third party nor use the Confidential Information for any purpose other than as permitted under this Agreement or as expressly provided in writing by Novel. The nondisclosure obligations set forth in this Section shall not apply to information that is generally available to the public (other than through breach of this Agreement) or was already lawfully in the receiving party's possession at the time of receipt of the information from You. If You do not agree to these Empire & State Insider terms, you must cancel your status as an Insider immediately by sending an email to support@novelincorporated.com.
Novel, Inc. is not responsible for Your interactions with other Users, including for playing, communicating, networking, any purchase or sale of goods, and any other interactions between You and other Users. All such interactions made using Empire & State should be considered public. As with any web-based interaction, We suggest that You use caution and good judgment. Novel, Inc. bears no liability for any loss or damage incurred as a result of any such interactions. If there is a dispute between You and another User or a third party, Novel, Inc. is under no obligation to become involved. You release Novel, Inc. and its officers, directors, employees, agents and contractors from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature arising out of or in any way related to such disputes or interactions, Empire & State and Novel, Inc..
Empire & State may contain links to third-party websites that are not owned or controlled by Novel, Inc.. All such links are provided solely as a convenience to You. Novel, Inc. has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. Novel, Inc. does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the Empire & State, You expressly relieve Novel, Inc. from any and all liability arising from Your use of any third-party website.
Novel, Inc. has the exclusive right to market, offer, sell and place advertisements and/or other promotional content or materials (Advertisements) on or in connection with Empire & State for its sole benefit. You will not and will not allow any third party, directly or indirectly, to market, offer, sell and place Advertisements on or in connection with Empire & State.
Deactivation. You may deactivate Your Empire & State account at any time, for any reason, by following the instructions on the website www.empireandstate.com, or emailing support@novelincorporated.com.
Termination. Novel, Inc. may suspend or terminate Your account or Your use of Empire & State at any time, with or without notice, for any reason or for no reason. It may also block Your access to Empire & State in the event that: (a) You breach the Terms of Use; (b) We are unable to verify or authenticate any information You provide to us; or © We believe that Your actions may cause financial loss or legal liability for You, Our Users or Novel, Inc.. Novel, Inc. also reserves the right to terminate or deactivate User accounts that are inactive for an extended period of time. Effects of Termination. Upon any such termination, Your rights to access and use Empire & State shall automatically terminate. Novel, Inc. has no obligation to delete, remove, or retain Your User Submissions, and they may remain on Empire & State. In addition, even if User Submissions are deleted from active display on Empire & State, they may be recorded and saved by Novel, Inc. in its archives.
Modification. Novel, Inc. may at any time modify the MMO, any characters in the MMO or physical characteristics of the MMO at any time and without notice to You.
Novel, Inc. respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act (DMCA), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to Our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Our designated Copyright Agent the following information:
Novel, Inc.'s designated Copyright Agent to receive notifications of claimed infringement is:
Business Affairs
Novel, Inc.
8383 158th Ave NE
Suite 250
Redmond, WA 98052-5135
You acknowledge that if You fail to comply with all of the requirements of this Section 5(D), Your DMCA notice may not be valid.
We may give notice to Our Users of any infringement notice by means of a general notice on any of Our websites, electronic mail to a User's e-mail address in Our records, or by written communication sent by first-class mail to a User's physical address in Our records. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:
You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
You represent and warrant that: (a) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses granted herein; (b) if necessary You have the written consent of each and every identifiable natural person in the User Submission to use such persons name and/or likeness in the manner contemplated by Empire & State and the Terms of Use, and each such person has released You from any liability that may arise in relation to such use; © You have read, understood, agree with, and will abide by the terms of the Terms of Use; (d) the User Submission and Novel, Inc.s use thereof as contemplated by these Terms of Use, including on and in Empire & State, their promotion and re-distribution, will not violate, misappropriate or infringe any right of any third party, including any copyright, trademark, trade secret, privacy rights and rights of publicity; (e) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (f) You are not listed on any U.S. Government list of prohibited or restricted parties.
You affirm, represent and warrant that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, You affirm that You are over the age of 13, as Empire & State is not intended for children under 13. If You are under 13 years of age, do not use Empire & State.
The Terms of Use will be governed by the laws of the State of Washington without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of King County, Washington. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to You or delegate any of Your duties hereunder and any attempt to do so is void and of no effect. Novel, Inc. may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement. Nothing in this Agreement shall constitute a partnership or joint venture between You and Novel, Inc.. Novel, Inc. does not guarantee continuous, uninterrupted or secure access to Empire & State, and use of Empire & State may be interfered with by numerous factors outside of Our control. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 3 (Disclaimers); 4 (Limitation of Liability); 5 (Indemnification); 6 (Content Ownership); 7 (User Submissions); 8 (User Interactions); 9 (Third Party Websites), 11 (Termination), 13 (Your Representations and Warranties), and; 14 (Ability to Accept Terms); and 15 (General) shall survive any termination or expiration of this Agreement. Additionally any provision that was, by its nature, intended to survive termination of the Terms of Use will so survive. If any provision of the Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.